History of the public lands survey legislation

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A HISTORY OF THE PUBLIC LANDS
SURVEY LEGISLATION

By
Doug Wilcox

U.S. Department of the Interior
Bureau of Land Management

Service Center

Branch of Cadastral Survey Development

Denver, Colorado 80225-0047

November 1991 , q,

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BLM LIBRARY

88047598

A HISTORY OF

THE PUBLIC LANDS

SURVEY LEGISLATION

By Doug Wilcox

Service Center

Branch of Cadastral Survey Development

Denver, Colorado 80225-0047

U. S. DEPARTMENT OF THE INTERIOR
Bureau of Land Management

November, 1991

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INTRODUCTION

In recent years, Bernard W. Hostrop, former Chief, Division of Cadastral Survey of the
Bureau of Land Management, has sponsored the writing of several surveying history books.
These books were SURVEYS AND SURVEYORS OF THE PUBLIC DOMAIN 1785-1975 by
Lola Cazier and A HISTORY OF THE RECTANGULAR SURVEY SYSTEM by
C. Albert White. Recently, the need to publish a personalized history including the
Congressional debates and accompanying background information of this same era was
created. This information is to include the interests, if any, of the U.S.President, the names
of sponsors and opponents of legislation, and the national and sectional interests which may
have affected the issues debated. This will provide the reader with some of the reasons why
surveying legislation was enacted during the long history of the development of the public
land survey system. To aid in the reading of this book, the reader should know that in the
congressional record, Senators and Congressmen are referred to as Mr. There was no record
found of any female senator or congressperson who offered survey legislation for debate in
the congress. Although twenty-eight congressional acts were researched, this book contains
only a partial list of the many public land bills enacted because there is an absence of
information in the congressional sources researched. The author is convinced that a more
exhaustive search would recover more proposed bills.

ACKNOWLEDGEMENTS

The author wishes to thank the following people for their much appreciated help in his
research for this book. They were Adrian Caufield and Ron DeRamus of the Bureau of Land
Management (BLM), Bob Corenof the National Archives, and Silvio Bedini of the Smithsonian
Institution. The author is grateful to the library research staffs of the BLM Main Interior and
Law library, and to the library research staff of the Government Publications Department of
the Denver, Colorado Public Library. A special thanks is given to Mrs.Terry Day of the BLM
Denver Service Center library for her assistance and encouragement, and to Herman Weiss
for his efforts with desk top publishing this document. A final thanks goes to my wife, Laura,
for her support and patience in listening to the many history lessons her husband gave her as
he uncovered the gems of truth in his research.

CONTENTS

CHAPTER I The Period 1785-1796

Introduction to Period 9

Presidential Interest 9

George Washington 9

Legislative Activities 9

Speakers of the House of Representatives Interest 9

Land Ordinance of 1785 9

President of the Continental Congress Interest 10

Secretary of the Continental Congress Interest 10

Delegates Interests 10

Land Act of 1786 1 1

Western Territory Becomes Nothwest Territory 1 1

Delegate Interest 1 1

Summary 12

CHAPTER H The Period 1796-1812

Introduction to Period 13

Presidential Interests 13

John Adams 13

Thomas Jefferson 1 3

James Madison 13

Legislative Activities 14

Speaker of the House of Representatives Interests 14

Land Act of 1800 14

Senate Members Interests 15

Land Act of 1801 15

House Members Interests 15

Land Act of 1805 15

House Member Interests 1 6

Land Act of 1806 16

Senate Member Interest 16

Summary 16

CHAPTER III The Period 1812-1836

Introduction to Period 17

Presidential Interests 17

James Monroe 17

Andrew Jackson 17

Legislative Activity 1 J

Speaker of the House of Representatives Interests 1 7

7

CONTENTS cont'd
CHAPTER III cont'd The Period 1812-1836

Land Act of 1815 18

House Member Interest 18

Creek Indian Lands Resolution of 1 8 1 5 19

House Members Interests 19

National Observatory Resolution of 1 8 1 5 19

House Member Interest 20

Land Acts of 1818 20

House Member Interest 20

Senate Member Interest 20

House Member Interest 20

Land Acts of 1820 20

House Members Interests 21

Senate Member Interest 22

Graduation Bill of 1 830 22

House Member Interest 23

Summary 23

CHAPER IV The Period 1836-1849

Introduction to Period - 25

Presidential Interests 25

Martin Van Buren 25

John Tyler 25

James Knox Polk 25

Legislative Activity 26

Speaker of the House of Representatives Interest 26

Resolution to Suspend the General Rule Attempt of 1836 26

Senate Members Interests 26

Land Act of 1840 27

Senate Member Interest 27

Land Act of 1841 Amendment Attempt 27

Senate Members Interests 28

General Land Office Document 104 Resolution Attempt of 1841 28

Senate Member Interest 28

Summary 29

References 29

CHAPTER I The Period 1785-1796

INTRODUCTION TO PERIOD

The period began with the passage of the Land Ordinance Act of 1785 which authorized the
start of the land surveying of the public lands. This effort ultimately established the Public
Land Survey System(PLSS). The period ends with a treaty, signed at Greenville, Ohio on
August 3, 1795, which gave title to the United States for about three-fourths of the present
state of Ohio and a small part of Indiana(4)

PRESIDENTIAL INTEREST

There was only one U.S. President in this period, President George Washington of Virginia.
He served from 1789-1797 and was leader of the Federalist party. George Washington had
a personal interest in the passage of Public Lands surveying legislation. He was a skilled
surveyor, but not known to be a fluent spokesman. It is believed that he asked a fellow
Virginian, Thomas Jefferson, to bear the heaviest burden for the drafting of the Land
Ordinance of 1785 and the Northwest Territory Ordinance of 1787. George Washington was
aware that pioneers in the lands of Tennessee, Kentucky and Ohio, who were the producers
of much needed grain, lumber and meats for Colonial America, sought good titles to their
farmlands.(l)

LEGISLATIVE ACTIVITY

-Speakers of the House of Representatives Interests

Jonathan Trumbull, speaker of the House from 1 79 1 - 1 794, was a staunch Federalist. Speaker
Trumbull was the secretary to General George Washington and strongly opposed the national
policies of Thomas Jefferson's administration(l).

Jonathan Dayton, speaker of the House during Period I and Period JJ from 1795 to 1799, was
a personal friend of Aaron Burr. After Burr had killed Alexander Hamilton in a duel, he fled
to Philadelphia, Pennsylvania where he met Jonathan Dayton who by this time was a former
Senator from New Jersey. Dayton and Burr developed a scheme which would, if successful,
create a vast empire in the West and South based on the conquest of Mexico and the separation
of the Appalachian states from the union. Burr acquired title to more than a million acres of
land in Orleans Territory. In the investigation that followed, a young Henry Clay was Burr's
attorney. Jonathan Dayton was betrayed by Burr, arrested, and found guilty of treason(l).
Jonathan Dayton speculated in land purchases near Dayton, Ohio, and the town was named
after him (5)

-Land Ordinance of 1785

The first public lands survey legislation enacted into law by the delegates of the Continental
Congress was first read on Friday, May 20, 1 7 85 and was then passed into law without change
on June 13, 1785. This act was entitled," An Ordinance For Ascertaining the Mode of
Disposing of Lands in the Western Territory."

9

This marked the beginning of the federal, legal boundary survey program which continues
to our present time. This law authorized the Office of Geographer of the United States and
the appointment by Congress of surveyors from each state. Under the law, the surveyors
would take their direction from the Geographer of the U.S. This established a system by
which the public lands would be divided into townships 6 miles square, and the townships
would be divided into 36 sections of more or less 640 acres. Originally, the land was to cost
$1 an acre and was to be sold in lots of not less than 640 acres(l).

The Land Ordinance was modified many times before its final form. At the reading of the
bill in the Congress there was doubt as to its final passage due to a debate over the land rights
of the United States in the Western territory of lands ceded to the United States by the State
of North Carolina. The issue was over the conditions of the deed to the United States from
North Carolina. A committee consisting of Rufas King of Massachusetts, William Samuel
Johnson, William Grayson of Virginia, William Ellery of Rhode Island, and James McHenry
was established to debate the issues of the clouded deed. During the debate on the deed, a
motion was made on postponing the consideration of the bill by Charles Pickney of South
Carolina and seconded by William Grayson. They felt it improper for Congress to interfere
respecting the cession by North Carolina of their Western territory for the use of the United
States. The vote on postponement did not carry. There were 14 no's and 7 ayes so the question
was lost. There was continued debate on the Land Cession report with an attempt made by
Rufas King to have the delegates agree on each paragraph of the report. The delegates finally
agreed to the last paragraph and issued a resolution directing the delegates from North
Carolina to furnish new proof of their "liberality" in the execution of the deed of the territory
ceded (3).

-President of the Continental Congress Interest

The President of the Congress was Richard Henry Lee of Virginia. PresidentLee was a poor
businessman. Because it was easy to engage in land speculation, it is believed that he wanted
this bill enacted so that he would be successful in his Western Lands speculations(3).

-Secretary of the Continental Congress Interest

The Secretary of the Continental Congress was Charles Thomson of Pennsylvania.Thomson
was the leader of the merchants, mechanics and tradesmen opposed to British policies. It is
the author's view that he wanted the Western Lands surveyed so that settling it would give
more opportunities for work to his hard pressed friends in the trades. Thomson served from
1774 to 1789 as the "perpetual secretary" to Congress, and never received any office in
President Washington's later administration(3)

-Delegates Interests

Nothing more is known of William Samuel Johnson or James McHenry. It is also known that
Charles Pickney was from South Carolina. William Ellery was famous for his outstanding
committee work(l).

10

•

William Grayson was an antifederalist and supported Thomas Jefferson's policies. Grayson
was known to strongly support Southern land interests and his reason for supporting North
Carolina in this debate was the question of the states rights of North Carolina. Later he helped
secure passage of the Northwest Ordinance of 1787(1).

Rufas King took part in the framing of the federal constitution and was the Federalist
candidate for the Vice President in 1804 and 1808 and for President in 1816(1).

-Land Act of 1786

The Continental Congress passed the following resolution on Tuesday, May 9, 1786: "That
the Geographer of the United States, and the surveyors appointed pursuant to the ordinance
of Congress, passed May 20, 1785, for ascertaining the mode of disposing of lands in the
Western Territory, and who have accepted their appointments, proceed in the execution of
said ordinance provided that they do not proceed further northerly than the East and West line
mentioned in the said ordinance." The Land Ordinance of 1785 directs the survey to begin
at the initial point of the public lands surveys in Ohio. The Act of 1786 was an order issued
by the Continental Congress to begin the Seven Ranges project(4). The delegate who
proposed this motion was Nathan Dane of Massachusetts, and it was seconded by Rufas
King(3).

-Western Territory Becomes Northwest Territory

The Western Territory of 1786 became the Northwest Territory by an act of the Continental
Congress in July 1787 entitled, " The Territory Northwest of the River Ohio." It consisted of
the region West of the State of Pennsylvania between the Ohio and the Mississippi rivers.
During the American Revolution, land in this area was claimed by four states. They were
Massachusetts, Connecticut, Virginia, and New York. Most states based their demands on
Colonial Charters that gave them boundaries westward to the sea. Those states without
western claims argued that all such lands should be ceded to the central government, and the
land used for the common good. Most of the land northwest of the Ohio was ceded to the
central government from 1781 to 1786, although Virginia and Connecticut retained areas to
grant to their own citizens. The first surveys were made in what is now eastern Ohio in 1785
and public land went on sale in 1787(1).

-Delegate Interest

Nathan Dane helped draft the Northwest Ordinance of 1787. He claimed credit for authoring
this ordinance which was adopted by the Continental Congress and provided for the
administration of the public domain northwest of the Ohio river. The motion made by Dane
was originally offered May 3, 1786. There were changes made by Charles Thomson before
the ordinance was brought to its final form (1).

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SUMMARY

For Period I there were three bills researched in the congressional record. One bill in which
the Continental Congress ordered the first four ranges surveyed in Ohio to be sold at auction
in New York City was not found(4). This was a disappointment. The main supporter of
surveying legislation duringthe period was President Washington. It is believed that his
interest was caused primarily by the federal government ' s need for money. The sale of public
land was one of the few sources of money for the new United States government. A second
reason was professional since he was a surveyor. The acts described are the foundation stones
in the building of the Public Land Survey System structure in 30 states over the past 200 plus
years.

The bills enacted into law and discussed in this paper were the Land Ordinance of 1785 and
the Land Act of 1786.

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CHAPTER II

INTRODUCTION TO THE PERIOD

The period began with the enactment of the Land Act of May 1 8 , 1 796. This act provided for
the appointment of a Surveyor General, the use of skillful surveyors as deputies, and the
renumbering of the sections in their present form. It ends with the creation of a new
government bureau within the Treasury Department called the General Land Office (GLO).
This was accomplished by passage of the Act of April 25, 1812(4)

PRESIDENTIAL INTEREST

-John Adams

President Adams of Massachusetts, member of the Federalist party, served from 1797 to
1801. He was a lawyer and not trained in surveying, but he was interested in extending the
American Territory as far west as possible. This intent was indicated in the wording of the
Treaty of Paris, which he helped draft, and which ended the War of Independence(l).

-Thomas Jefferson

President Thomas Jefferson of Virginia, founder of the Democratic party, which was then
called Republican or Democratic-Republican, served from 1801 to 1809. Thomas Jefferson's
concern for the land tenure system in Colonial America had existed since his service in the
Virginia legislature from 1776-1779. During this time, he succeeded in ridding the state land
tenure system of the medieval European practices of entail and primogeniture(l). Entail is
a legal term which limits the inheritance of real property to certain heirs. Primogeniture, also
a legal term, gives the exclusive right of the eldest son to inherit his father's estate(9). He was
well known in the Williamsburg, Virginia House of Burgesses, as an effective committeeman
and skilled drafter of legislation. With the political support of George Washington and the
surveying influence of his father, Peter Jefferson, the public lands surveying legislation got
off to a good beginning. Peter Jefferson was famous in Colonial America as a surveyor
and map maker. Thomas Jefferson assisted in the passage of the Northwest Ordinance of
1787(1).

-James Madison

President James Madison of Virginia served from 1809 to 1817. He was influenced greatly
by other members of the Madison family who speculated in lands in Kentucky during the
American Revolution. James Madison was considered a founder of the Democratic party and
shared the views of Thomas Jefferson. These views were of a government sustained by the
self reliance and virtue of a people in an agricultural economy with the benefit of public
education and little interference by Federal government. Although James Madison lived all
his life in Virginia as a planter with slaves, the Madison family speculated in land and
considered themselves frontiersmen. They were always ready to go west as opportunity

13

beckoned. In public service James Madison had a reputation as an effective debater and
legislator. He guided the negotiations to purchase Louisiana in 1803, and insisted on
American ownership of the Gulf Coast between New Orleans and Florida. With the end of
the War of 1812, the threats of disunion in the country ended and James Madison stimulated
the economy by federal support for the construction of roads and canals. He believed this
action would bind the country together. It is believed that James Madison made no personal,
direct support of public lands law enactment, but the record does show in his last two years
in office his willingness to support a return to American western expansion(l).

LEGISLATIVE ACTIVITY

-Speaker of the House of Representatives Interest

Nathaniel Macon from North Carolina, Speaker of the House from 1801 to 1807, opposed
the Constitution. His belief was that it concentrated too much power in the central
government. He was a leader among the Republicans in the House, a friend of Thomas
Jefferson, and a foe of Alexander Hamilton and the Federalists(l).

-Land Act of 1800

This act established land offices, requirements for making multiple copies of plats and the
subdivision of townships(4). The only congressional record of this bill is recorded on
Saturday May 10, 1800. The Senate on this date took into consideration an amendment of
the House to their amendments to a bill. The bill, under discussion, would enlarge the powers
of the Surveyors of the Revenue. The Senate disagreed with the House. A message from the
House informed the Senate that they insist on their amendment to the amendment of this bill.
In addition, the House asked for a conference and the appointment of managers on their part.
If a bill in the Senate differs from a House version, the bill is sent to a House-Senate
conference for a compromise solution(l).The Land Bill of 1800 had attached to it amend-
ments establishing the U.S. Mint as well as establishing a procedure to decide disputed
elections for the President and Vice President. An amendment is a change in a legislative bill
or law(9). Consequently, this important survey legislation depended on the approval of a
legislative package consisting of a bill and two amendments to a bill and not just a bill for the
surveying of the public lands. Because the public lands surveying program was located in
the Treasury Department, it is believed that the combining of a request for establishing the
U.S. Mint and for the surveying of the public lands was logical. The Senate agreed to the
proposed conference on the amendment to the amendments to the bill and appointed Mr.
Livermore and Mr. Lawrence as managers(6) . The practice of attaching amendments to bills
continues in the Congress to this day. This complicates researching the passageof historical
bills through the Congress.

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-Senate Members Interests

No personal history is known about Mr. Livermore or Mr. Lawrence.

-Land Act of 1801

On Wednesday, February 18, 1801, the House went into a Committee of the Whole on a bill
to repeal the act, entitled 'An act to enlarge the powers of the Surveyors of the Revenue(6). '
The Committee of the Whole is a committee of all members of the House under more informal
rules than in a regular session (4). After sometime, the Committee rose and reported the bill
without amendment. The purpose of this amendment was to direct the Surveyor General to
subdivide the Military Reserve in Ohio(4). It is believed that the act was not repealed because
current Cadastral Survey practice conforms to the intent of the Land Act of 1 800 and not the
repealed act of 1 80 1 . This repeal was a part of anact to provide for the valuation of lands and
dwelling-houses, and also to provide a system for the counting of slaves within the United
States.

-House Members Interests

Mr. Wilson Cary Nicholas of Williamsburg, Virginia was active in the congressional debate
as a member of the committee on the part of the House. Mr. Nicholas was one of Thomas
Jefferson's most influential supporters(l). Mr. Albert Gallatin was also a member of the
committee on the part of the House in the debate over this bill. Gallatin was born in
Switzerland and later was employed as a tradesman on the Maine frontier. After the
Revolutionary War he moved to Fayette County, Pennsylvania, then a frontier area, where
he speculated in land. He was the acknowledged spokesman of the Republicans in matters
of finance which included public lands surveying legislation. He was the Minister to France
and helped reach important agreements with Great Britain relative to the Canadian bound-
aries^).

-Land Act of 1805

This third piece of major public lands surveying legislation was enacted Tuesday, February

5, 1805. This was a Senate bill sent to the House on Friday, Jan 25, 1805 entitled, "An Act

Concerning the Mode of Surveying the Public Lands of the United States(6)." The intent of

this bill was to establish the principle that public lands surveys are made to fix the corners and

boundaries of these lands, and not the accuracy of their areas(4). The bill was reported by Mr.

Gregg without amendment. It was ordered by the Speaker, Nathaniel Macon, that the bill be

read the third time the next congressional session. This action indicated that the bill was ready

for a congressional vote. Unfortunately, the congressional record does not indicate that a vote

on this bill was taken the next session, but enactment of this bill into law shows that a

favorable vote was eventually made. The Act of February 11, 1805 appears to be the final

version of this bill. Its provisions have been codified in Title 43 of the United States Code.

This is the Statute Law of the land and is a fundamental philosophy used in current public
lands land tenure practice(4).

15

- House Member Interest

No additional information is known about Mr. Gregg.

-Land Act of 1806

The last major piece of legislation enacted by the Senate in this period was on Monday, April
21, 1806. This act provided for the appointment of Deputy Surveyors in the Orleans
Territory(4). A message from the House informed the Senate that they had passed a bill sent
to them by the Senate. It was entitled, "An Act Supplementary to an Act, and An Act for
Ascertaining and Adjusting the Titles and Claims to Land Within the Territory of Orleans and
the District of Louisiana." The House had attached to the bill an amendment in which they
asked the concurrence of the Senate. The Senate proceeded to consider the amendment of the
House to this bill and resolved that they agreed with the amendment. The S enate then returned
the bill with amendment to the House. The House resolved itself into a Committee of the
Whole on the bill and amendment, read them twice and agreed to them. The bill, as amended,
was then read the third time in the Senate and passed by the Senate in the affirmative (6).

-Senate Member Interest

No managers were appointed for this bill, nor were there any apparent sponsors.

SUMMARY

For Period II there were eleven bills researched in the congressional record. Unfortunately,
although the dates of the enactment of these bills were obtained by reference to C. Albert
White's book(4), only four bills were found. It is believed that there were two major reasons
why the other bills were not found. One reason was the custom of the Senate and House
sponsors of attaching amendments to bills which had a good chance of being enacted by the
Congress. Money requests for mandated programs, such as public lands sales, were an
example of this kind of a bill. Since surveying supported land sales, surveying bills were
important. Another reason was the congressional custom of reading each bill three times
before voting on its worth. This caused a delay in the voting process when the House or Senate
sent higher priority legislation for consideration.

The bills enacted into law and discussed in this paper were the Land Acts of 1 800, 1 801 , 1 805,
and 1 806. The author has tried to show how confusing the congressional record can be when
amendments are attached to amendments which are then attached to bills. A definition has
been given when legal terms were used.

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CHAPTER HI The Period 1812-1836

INTRODUCTION TO PERIOD

The period began with the appointment of Edward Tiffin of Virginia as the first Commis-
sioner of the General Land Office(GLO) on May 7, 18 12 and ended with the passage of the
Act of July 4, 1836 which reorganized the GLO. This act gave more supervision and control
to the Commissioner in the surveying and sale of public lands(4).

PRESIDENTIAL INTERESTS

-James Monroe

President James Monroe of Virginia assisted in the foundation of the Republican party and
served from 1817 to 1825. James Monroe was a lawyer and lifelong friend of Thomas
Jefferson. Thomas Jefferson, his teacher, had a major influence on his intellectual develop-
ment. Monroe helped lay the groundwork for territorial government in his writings of the
design for the Northwest Ordinance of 1787. He accepted, on approval by President
Jefferson, the offer of sale of Louisiana from France to the United States. In 1803 this
purchase became known as the Louisiana Purchase and established Monroe as a national
figure. His administration made substantial territorial additions which included the ceding of
Florida to the U.S. by Spain and the defining of the boundaries of Louisiana in 1819(1).

-Andrew Jackson

President Andrew Jackson of South Carolina served from 1829-1837. Andrew Jackson was
a lawyer, a judge and a soldier. He was regarded by many as the symbol of the common man
and as an equal to Jefferson in his efforts as an author of Democratic party ideology. Jackson
recognized the independence of Texas(l). It is believed that his major interest in public lands
legislation came from personal requests to him from Jacksonian party members. These
members were recruited from all segments of American society, including western frontiers-
men and farmers. They expressed their continued need for public land sales in an expanding
western frontier population.

LEGISLATIVE ACTIVITY

-Speakers of the House of Representatives Interests

Langdon Cheves of South Carolina served from 1814 to 1815. In 1819, after leaving
congress, Speaker Cheves became the president of the Second Bank of the United States.
During the economic depression that followed, he reduced the number of land loans and also
called in existing land loans which made western debtors suffer greatly(l). It is believed
that this action resulted in the reduction of the money supply available for public lands sales
and thus reduced the demand for public lands surveying.

17

Henry Clay of Kentucky served from 1 8 1 1 to 1 821 and from 1 823 to 1 825. Speaker Clay was
a skilled orator and the leader of the Whig party. He disliked Indians, was hungry for land,
and was known to be a war hawk. It was Clay's belief that the settlers of western territories
preferred cheap lands over a general distribution of land revenues. Clay was against the
democratization of the government's land policy. This placed him firmly on the side of vested
interests. He believed change should come slowly, was a genius at compromise, and was
active in land dispute law in Kentucky as a young man. His father-in-law, Col. Thomas Hart,
was a land speculator. Henry Clay acquired much land himself, and was in close contact with
land owners. The Whig party urged a conservative public lands sales policy. The name Whig
came from a word of Scottish origin which was a cry to urge on horses(9). The Whigs
advocated a nationalistic economic policy called the "American System", which was in
opposition to the Jacksonian economic policy. The Jacksonians were later called Demo-
crats(l).

Philip Pendleton Barbour of Virginia, served from 1821 to 1823. Speaker Barbour was also
a Supreme Court Justice and an ardent state's rights supporter. He was one of the first to
declare the right of a state to secede from the Union. Barbour advocated representation on the
basis of property, and sided with the majority that opposed proportional representation for
the settlers of Western Virginia(l).

John Bell of Tennessee was the Speaker for only one year in 1 834. Speaker Bell was a member
of the House for 14 years and believed that Congress had the right to prohibit slavery in the
territories. At first Bell was a Jacksonian Democrat. He later became the leader of the Whig
party in Tennessee(l).

-Land Act of 1815

This act allowed for the exchange of damaged lands for undamaged lands(4). On Friday,
February 17, 1815, Mr. McKee from the House Committee on the Public Lands reported a
bill which had been added to an act entitled," An Act for the Final Adjustment of Land Titles
in the State of Louisiana and Territory of Missouri." This bill was approved by the Public
Lands Committee on April 12, 1814. The bill was read and committed to a Committee of the
Whole. During this same session, a bill from the Senate to give further time to complete
surveys and to locate patents for lands granted under Virginia resolution warrants was read
for a third time and passed. To issue a patent to land is to open the land to the public for
examination, and a warrant is a document giving the authorization to do something(9). This
reveals the cooperative nature of the exchange of bills which occurs during the deliberations
of either the House or the Senate(6).

-House Member Interest

No additional information is known about Mr. McKee.

-Creek Indian Lands Resolution of 1815

18

On Monday, February 20, 1815 the House debated a motion by Mr. Harris which contained
the following resolution:' That the Committee on the Public Lands be instructed to report a
bill with provisions for having the boundary lines ceded to the United States by the Creek
Treaty, recently ratified, run and marked, and having the same surveyed into sections and
quarter sections, preparatory to a sale, and for making an appropriation for defraying the
expenses.' Mr. Humphreys remarked that there was already in existence a general law
authorizing the surveying of lands, and that an appropriation of money only was necessary
for the President to carry the law into effect. Mr. Harris cautioned that, although there might
be such a law, the land in question should be immediately surveyed. He said that the people
of Tennessee had conquered these lands for the United States and that they should, as soon
as possible, have access to the waters of Mobile. This could only be obtained by sale and
settlement of these lands. Mr. McKee commented that as soon as the treaty with the Indians
was proclaimed, the Committee on Public Lands had turned their attention to this subject.
They had decided that no legal provision was necessary to the surveying of these lands, and
that an appropriation of money only was necessary for this purpose. In answer to a letter
addressed to the Commissioner of the GLO on this subject, Mr. McKee said he had been
informed it was first necessary that the boundaries of the Indian lands and those of the United
States be surveyed and marked before the remaining lands could be surveyed. Mr. Humphreys
moved to amend the motion of Mr. Harris and made the following second resolution:' That
the Committee of Ways and Means be instructed to inquire into the necessity and expediency
of making an appropriation of money to meet the expenses of surveying the Military Bounty
lands and the lands lately ceded by the Creek Indians to the United States in order to be settled
by settlers of the United States.' Mr. Harris opposed the motion, and said that the law should
define the duty of the President beyond any doubt. Although the President had authority to
act, Mr. Harris felt that he may not act unless Congress gave him special direction. Mr. McKee
responded that no further provision was necessary. The amendment of Mr. Humphreys
prevailed, and, as amended, the motion was passed(6).

-House Members Interests

The personal history is not known about Mr. Harris or Mr.Humphreys.

-National Observatory Resolution of 1815

A brief mention should be made of the resolution made by Mr. Nelson on Saturday, February
18, 1815 for the establishment of a First Meridian for the United States. This is important
historically, because the public lands initial points were established by astronomic observa-
tions. Mr. Nelson read a report on a petition made by William Lambert which contained the
following resolution:" That the President of the United States be requested to cause such
further observations to be made by competent persons residing at the Seat of the National
Government as may be deemed most proper to determine the longitude of the Capitol, in the
City of Washington, with the greatest practicable degree of exactness, and that the data with
abstracts of the calculations and the results founded thereon, be laid before Congress at their
next session." The resolution was amended and the House concurred(6).

19

-House Member Interest

No further information is available about Mr. Nelson or the petitioner William Lambert.

-Land Acts of 1818

The intent of the first bill was to give the same powers and duties to a Mississippi territorial
surveyor as the territorial surveyor had in the Alabama Territory(4). The House passed this
bill on Monday, April 20, 1 8 1 8. The House also resolved itself into a Committee of the Whole
to debate a bill from the Senate entitled," An Act Respecting the Surveying and Sale of the
Public Lands in the Alabama Territory." The bill was reported without amendment, read a
third time and passed(6).

-House Member Interest

No recorded history was discovered about the supporters of this bill.

In this same session, Mr. Morrow from the Senate Committee on Public Lands,to whom was
referred a bill entided," An act for Changing the Compensation of Receivers and Registers
of the Land Offices," reported it without amendment. The bill was considered by the
Committee of the Whole, was amended, and the President of the Senate reported this to the
House. The amendments were accepted and added to the bill. The bill was then read a third
time, as amended, and passed by unanimous consent of the members of the Senate(6).

-Senate Member Interest

Additional information is unknown about Mr. Morrow.

Under the condition of Closing of Business, the House debated two other bills on this date
from the Senate after resolving itself into a Committee of the Whole. They debated a bill
entitled," An Act Authorizing the Disposal of Certain Lots of Public Ground in the City of
New Orleans and Town of Mobile."The bill was reported without amendment, read a third
time and passed. A second bill entitled," An Act to Adjust the Claims to Lots in the Town of
Vincennes and for the Sale of Land Appropriated as a Common for the Use of the Inhabitants
of the Said Town" was reported without amendment, read a third time, and passed by a vote
of the members of the House(6).

-House Member Interest

There is a complete lack of information about the supporters of this bill.

-Land Acts of 1820

On Wednesday, April 19,1 820 in the House a debate over a change in the procedures for the
sale of the public lands, which had originated in the Senate, took place. This debate ended

20

in the passage of a bill on Thursday, April 20, 1 820. The main purpose of the bill was to reduce
the price of public lands from the present price to one dollar and twenty-five cents per acre,
and to abolish the Credit System(6). Passage of the Act of April 24, 1820 abolished the Credit
System of public land purchase and offered presently reserved public land for sale in half
quarter sections(4). It is believed that the debate to abolish the Credit System was very
important to future requests for public land surveys, because the settlers usually did not have
the money to pay for the land before settlement. During the debate in the House, the bill was
supported by Messrs. Anderson, Barbour, Hardin, Sloan and Storrs(6). Opposed to this bill
were Messrs. Clay, Brown, Butler of Louisiana, Cook, Hendricks, Jones of Tennessee, and
McLean of Kentucky. During the debate, Mr. Sloan of Ohio lead the affirmative view by
speaking in support of the bill. He said," I have been a witness to the operation of the Credit
System since its beginning, and the whole debt owed in the triangle northwest of Ohio, which
presently composes the states of Ohio, Indiana, and Illinois as well as the territory of
Michigan effected by the law, will not exceed three hundred thousand dollars. I am well
satisfied with the present Credit System, and feel that the fears of disastrous consequences
of a continued Credit System are not well founded." Mr. McLean of Kentucky spoke in
opposition to the bill. He said," the intent of this motion would be better promoted by the
disposing of the public lands in such a way as to grant the power to every man, both rich and
poor and who wishes to cultivate the soil, the ability to obtain a part of it." Messrs. Hendricks,
McLean, Cook, Scott, Crowell, and Butler offered amendments to the bill which did not pass.
The bill was ordered to be read a third time Thursday, April 20, 1820 without amendment.
On this day, the bill for changing the mode of disposing of the public lands was read a third
time and passed. The vote in support of passage of the bill was 133,and against passage was
23(6).

-House Members Interests

Additional personal history is unknown about Mr. Anderson, Mr. Hardin, Mr. Sloan, Mr.
Storrs, Mr. Brown, Mr. Cook or Mr. Hendricks.

The second bill debated on this date by the House dealt with state boundaries. A Senate bill,
authorizing the designation of the boundary between the states of Indiana and Illinois, was
referred to the Committee on Public Lands. Mr. Anderson, a committee member, reported the
bill without amendment and then moved that the bill be indefinitely postponed. Mr. Cook
moved to lay the bill on the table, but the motion was denied. Mr. Hendricks opposed the
indefinite postponement of the bill, and Mr. Anderson advocated it. Finally, Mr. Woodridge
made a motion, which was passed, to table the bill. To table a legislative bill is to postpone
indefinitely its consideration (9). This is an example of the intense debate which normally
occurred during the meetings of the Committee on Public Lands, but rarely on the floor of
the Congress(6).

-House Members Interest

No additional history was found about Mr. Woodbridge.

21

A third public lands surveying bill was debated on establishing land offices. Mr. Anderson
from the Committee on Public Lands introduced a bill to establish land offices in the State
of Alabama, with amendments to establish a land office in Indiana. The bill with amendments
was referred to the Committee of the Whole. A message from the Senate informed the House
that the Senate had passed a bill entitled," An act granting to the State of Ohio the right of
preemption to certain quarter sections of land." Preemption is the right to buy land before,
or in preference, to others(9). The bill for settling the accounts of several deputy surveyors
in the Missouri and Arkansas Territories passed through the Committee of the Whole and
was ordered to a third reading.The Committee of the Whole took up for consideration several
bills concerning land offices. On a motion by Mr. Cook, one bill was recommended to the
Committee on Public Lands. Amendments were attached to this bill which designated the
boundaries of districts and established land offices for the disposal of the public lands not
previously offered for sale in the States of Alabama and Indiana. This bill was ordered to be
read a third time the next session of congress. A bill from the Senate entitled," To establish
additional land offices in the State of Alabama" was ordered to lie on the table, because its
provisions had been compromised in a bill to establish additional land offices in Illinois(6).

-House Members Interest

There is a complete lack of recorded history about the debaters of this bill.

A final bill debated by the Senate this day was about land sales. On Monday, April 24, 1820,
a message from the House informed the Senate that the House had passed a bill entitled," An
act authorizing the sale of thirteen sections of land, laying within the land district of Canton,
in the State of Ohio." The bill was read the second time, and by unanimous consent, was
referred to the Committee on Public Lands. The bill, which was introduced to revive the
powers of the Commissioners for deciding on the claims to land in the district of Detroit and
for settling the claims to land at Green Bay and Prairie du Chien in the Territory of Michigan,
was read the second time(6).

-Senate Member Interest

No evidence exists about the supporters of this bill.

-Graduation Bill of 1830

On Saturday, May 29, 1830 the House considered a bill from the Senate to graduate, or
reduce, the sale price of the public lands. Mr. Irvin of Ohio moved to lay the bill on the table.
He thought there was insufficient time to discuss a subject of such magnitude before the end
of the congressional session. Mr. Duncan requested unsuccessfully, of Mr. Irvin that he
withdraw his motion for a short time to allow some explanation of the bill. Mr. Boon called
for the yeas and nays on the motion, and Mr. Lewis made an unsuccessful motion for a call
of the House. To call the house is to have the Speaker call all members into session so that
they can all debate the bill, not just those members who are present(9). The question was taken
and the bill was laid on the table with yeas of 82 and nays of 68(7).

22

-House Members Interests

Information is not available on the personal history of Mr. Duncan or Mr. Boon.

SUMMARY

For Period III there were nine bills researched and a National Observatory Resolution
discovered. Action by the Second Bank of the U.S. during the period resulted in a reduction
in the money supply available for public land sales. The debate on the Land Act bill of 1815
is an example of the cooperative nature of the exchange of congressional bills which occurs
during the congressional debate within the House and the Senate. An effort has been made
to give an insight into the intense debate which occurs on some bills.

The bills and resolutions enacted into law and discussed in this paper were the Land Act of
1815, the Creek Indian Lands Resolution of 1815, the National Observatory Resolution of
1815, several land acts of 1818, several land acts of 1820, and the Graduation Bill of 1830.
A definition has been given on unfamiliar terms to assist the reader.

23

24

CHAPTER IV The Period 1836-1849

INTRODUCTION TO PERIOD

The period began at the peak of the public land sales when revenue from those sales in 1836
exceeded 25 million dollars. It ended on March 3, 1849 when the Congress established the
Department of the Interior. There were no major changes in the operation of the GLO made
when this new department was created (4).

PRESIDENTIAL INTEREST

-Martin Van Buren

President Martin Van Buren of New York, a member of the Democratic party, served from
1837 to 1841. Martin Van Buren was a lawyer and Andrew Jackson's most trusted advisor.
He defended farmers against large landowners as a young lawyer. Van Buren declined an
opportunity to negotiate a treaty of annexation with Texas on the premise that Mexico had
not recognized the independence of its lost province(l).

-John Tyler

President Tyler of Virginia, a member of the Whig party, served from 1841 to 1845. John
Tyler was a lawyer and strongly objected to the distributionof public lands to homesteaders
at federal expense. In 1 842, he succeeded in forcing Congress to pass a bill for the distribution
of the proceeds from the sale of public lands which he later pocket-vetoed to prevent
enactment into law. A pocket veto is an indirect veto by the President of a legislative bill when
he does not sign and return the bill to Congress within 10 days before Congress adjourns(9).
John Tyler was engaged in many bitter struggles with rivals in Congress during his
administration(l).

-James Knox Polk

President James Knox Polk of North Carolina, a member of the Democratic party, served
from 1845 to 1849. James Polk was a lawyer and throughout his career was devoted to old-
fashioned Jeffersonian principles. He served as Speaker of the House from 1835 to 1839.
Through the influence of his uncle, Thomas Polk, his family benefited from land speculation.
Political insiders in North Carolina,such as Thomas Polk, obtained claims to most of the good
lands in what later became the State of Tennessee. In 1 806, Polk's family moved to some of
these lands on the Tennessee frontier. Ironically, later on in the Lower House of the Tennessee
legislature in 1823, James Polk was the leader of the opponents of land speculators. Polk
pushed for the annexation of Texas, settled the territorial dispute with Great Britain over
Oregon, and added the U.S. Southwest area to the Union by a war with Mexico during his
administration(l).

25

LEGISLATIVE ACTIVITY

-Speaker of the House of Representatives Interest

Robert Mercer Taliaferro Hunter of Virginia served one term from 1 839 to 1 841 . Secretary
Hunter was first a Whig party member, then he became a member of the Democratic party.
However, regardless of party affiliation, he was always an advocate of state's rights. He was
influenced in his political philosophy by his close association with John C. Calhoun. Robert
Hunter was a large, reserved and dignified man, an able debater, and a real power in the
Democratic party(l).

-Resolution to Suspend the" General Rule" Attempt of 1836

On Monday, July 4, 1836, the Senate debated a resolution which, if adopted, would have
suspended the "general rule" of the Senate. Mr. Franklin, the Clerk of the House, said that
the House had suspended the seventeenth joint rule of the two Houses of Congress which
declared that no bill shall be sent to the President for his signature on the last day of the session
until two o'clock. Mr. Calhoun said that the President had no opportunity to examine a
number of bills before the end of the recent congressional session. The reason for this
congressional debate included, among other bills, the final required Presidential signature of
a land bill to confirm certain land claims in Missouri. According to Calhoun, the resolution
to suspend the "general rule" required the unanimous consent of the Senators present during
the debate. Mr. Walker of Pennsylvania asked the Senate to consider whether certain bills
ought to be exempted from the "general rule". He referred to a bill which had passed the
Senate two months previously. The bill was reported on formally by the Committee on Public
Lands and unanimously accepted as approved. It had the support of its Committee Chairman,
Mr. Ewing of Ohio. However, no action had been taken by the President, because the Senate
had not sent the bill to him for his examination. Walker stated that he was anxious to have
this bill become law, because the bill would carry into effect the agreement between the
United States and the States of Alabama and Mississippi designating sixteenth sections as
school lands. Walker further emphasized that he did not wish the "general rule" to be
suspended for the enactment of any bill to which there was the slightest objection. Mr. Black
read a list of bills which he felt should be sent to the President under the proposed resolution.
The Senate Chairman stated that he would be guided by another Senate rule. That rule said
that no bill or resolution should be sent to the President on the last day of the session. He said
that the Chair felt bound to sign the bills, and in the meantime anyone who wanted might
appeal his decision. The debate on the resolution to suspend the "general rule" was not
supported by a vote of the members of the Senate(7).

-Senate Members Interests

Additional personal history about Mr. Black was not found.

John Caldwell Calhoun of South Carolina was in the cabinet of both President Monroe and
President Tyler. He was the Secretary of War in President Monroe's cabinet. Secretary

26

Calhoun contributed significantly to the extension of the western frontier. As Secretary of
State in President Tyler's administration, he arranged for the annexation of Texas. Calhoun
was a strong advocate of state's rights(l).

Robert John Walker of Pennsylvania was typical of the many statesmen of the middle period
of American history in his avowed advocacy of sectional interests. He favored the award of
public lands to the states and supported the cause of preemption(l). An ardent expansionist,
Robert Walker enthusiastically supported the annexation of Texas. He was a sponsor of the
bill for the creation of the Department of the Interior. Asa private citizen, Walker was heavily
involved in land speculation. Robert Walker supported the annexation of Alaska with the
same enthusiasm that he had supported the acquisition of Texas(l).

Thomas Ewing of Ohio was a Whig. Like John Calhoun, he also served in the cabinet during
two administrations. President Harrison appointed him Secretary of the Treasury in 1841,
which may have occurred because of his experience as Chairman of the Committee on Public
Lands at an earlier time. In 1 849, President Taylor appointed Ewing the first Secretary of the
Interior. Secretary Ewing favored the unconditional admission of California as a state(l).

-Land Act of 1840

In the Senate on Friday, June 12, 1840, Mr. Clay from the Committee on the Public Lands
reported a bill supplemental to an act entitled, ' An act for the closing of the Office of Surveyor
General in the several districts as soon as the surveys are completed, for abolishing land
offices under certain circumstances, and for other purposes' without amendment. No action
was taken by the Senate on this bill at this time(8)

-Senate Member Interest

My research failed to discover any personal history about Mr. Clay.

-Land Act of 1841 Amendment Attempt

The debate on this bill began on Saturday, September 4, 1841 and continued to the next Senate
session on September 6, 1841. The debate ended in the passage of the General Preemptive
Act which provided for the distribution of the proceeds from public land sales to public land
states(4). This bill was the cause of much debate. The debate on the first day centered on the
amendment to a bill from the House making appropriations for the purchase of military
weapons and supplies. Mr. Allen moved to amend the bill to take the appropriation of money
from the proceeds of the sales of the public lands by the Treasury Department. Mr. Smith of
Indiana disagreed. He asked the members present if they would ever cease assaulting the land
distribution bill. Smith said that there never had been a bill so long and so desperately
contested by the Senate opposition with every amendment having been voted down. To
emphasize his point he said that he had heard Mr. Calhoun personally ask the President to veto
this bill. Mr. Allen added that the distribution bill would neither pay off federal loans, nor
provide additional tax revenue. Allen said that his side of the Senate meant to repeal the

27

Distribution Law ,because he felt the people had been burdened by this bill which only
benefitted foreigners. Mr. Walker reminded the Senate that the Distribution Bill was not yet
signed and that no bill that violated the spirit of a compromise agreed to between the House
and the Senate would receive the approval of the President. The Senate decided not to accept
the amendment(8).

-Senate Members Interests

Nothing further is known about Mr. Allen. Mr. Smith represented a public land state and
consequently, it is believed that he had a personal interest in public land sales issues.

-General Land Office Document 104 Resolution Attempt of 1841

On Monday, September 6, 1841, the debate over the impact of the General Preemptive Act
with the distribution of proceeds provision continued from the last session of the Senate. Mr.
Benton submitted a resolution directing the Secretary of the Senate to send to the President
a copy of General Land Office(GLO) Document 104 relating to the quantities of land
surveyed and withheld from sale. Benton said it appeared to him from his reading of this
document that there were eight million-five hundred thousand acres of land already prepared
for sale, and not yet brought into the sales market. In his opinion, if the President was made
aware of this great amount of land already for sale, he would order some of it to be brought
into the market in order to relieve the Treasury of a portion of its debt. Mr. Smith thought the
motion was disrespectful and moved to lay it on the table. Mr. Clay of Alabama asked the
Senator to withdraw this motion for a moment and proceeded to say that he believed the lands
were being withheld, because the states may get a greater quantity of land under the
Distribution Law. Mr. Clay of Kentucky said that there were valid reasons why these lands
had been withheld, and that the principal reason was to favor the principle of preemption.
Clay said that the supporters of preemption were afraid that land speculators would buy up
the good lands before they could. Mr. Benton said that the reason given by the Commissioner
of the GLO was authentic, and that the Commissioner had told him that the lands had not been
withheld in accordance with any request from preemptors. Mr. Walker was opposed to having
the lands in Mississippi offered for sale before Mississippi had selected its 5000 acres under
its right of preemption. Walker was afraid that the best lands in Mississippi would be
purchased by the speculators. Mr. Smith of Indiana said that the lands had been withheld from
sale for the best of reasons. He believed that in most instances, because they had not been
attached to any land district, the President had no power to proclaim these lands for sale.
Smith said it was well known that there had been a very great excess of lands over the demand
for public lands brought into the market in the past, and that the President had nothing to do
with this situation. The resolution was laid on the table(8).

-Senate Member Interest

Thomas Hart Benton of North Carolina was an advocate of the Jacksonian movement. He was
a constant champion of cheap land which he felt would help provide a greater opportunity for
many additional settlers to become more useful and productive citizens. Benton was a

28

dramatic spokesman for westward expansion and voiced a "manifest destiny" for the
American people. He rejected unilateral annexation of Mexican territory, and supported
President Polk's withdrawal from the demand for an Oregon boundary of 54 degrees and 40
minutes of Latitude. Thomas Benton was a supporter of bonafide national improvements,
especially in the West(l).

SUMMARY

For Period IV there were five bills researched and one resolution on the General Land Office
Document 104 discovered. The main tone of this legislation was one of confrontation
between the members during the Senate and House debates. A common desire expressed by
the proponents of these bills was to take away the land rights of foreigners, who were the new
settlers of the frontier, and to return to the days of public land speculation. The bills discussed
are examples of this confrontation. The end result of all the debate and voting was that
common sense prevailed, and the settlers retained their right to acquire public land through
public land sales.

The bills discussed in this paper were the Resolution to Suspend the General Rule Attempt
of 1836, the Land Act of 1840, the Land Act of 1841 Amendment Attempt, and the General
Land Office Document 104 Resolution Attempt of 1841.

REFERENCES

(1) THE ENCYCLOPEDIA AMERICANA INTERNATIONAL EDITION, Americana
Corporation, 1980

(2) ENCYCLOPEDIA ALMANAC,The New York Times, 1970

(3) PAPERS OF THE CONTINENTAL CONGRESS, No 19, III, Folio 623

(4) A HISTORY OF THE RECTANGULAR SURVEY SYSTEM, Library of Congress,
C.Albert White

(5) THE WORLD BOOK ENCYCLOPEDIA, Field Enterprises Educational Corpora-
tion,1973

(6) ANNALS OF CONGRESS, 1800- 1837

(7) GALES AND SEATON'S REGISTER OFDEBATES IN CONGRESS(8) CONGRES-
SIONAL GLOBE, SKETCHES OFDEBATES AND PROCEEDINGS, 1833-1870

(9) WEBSTER'S NEW WORLD DICTIONARY, Third College Edition, Simon &
Schuster, Inc 1988

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